(1) This section
applies if —
(a) a
parenting order is in force that provides that a child is to live with one of
the child’s parents; and
(b) that
parent dies; and
(c) the
parenting order does not provide for what is to happen on that parent’s
death.
(2) The surviving
parent cannot require the child to live with him or her.
(3) The surviving
parent, or another person (subject to section 88), may apply for a parenting
order that deals with the person or persons with whom the child is to live.
(4) In an application
under subsection (3) by a person who does not, at the time of the application,
have any parental responsibility for the child, any person who, at that time,
has any parental responsibility for the child is entitled to be a party to the
proceedings.
[Section 94 amended: No. 35 of 2006 s. 149.]